MEDICAL JURISPRUDENCE

It deals with the legal responsibility of the medical practitioner those arise from doctors patient relationship.

REGISTERED MEDICAL PRACTITIONER

He is the medical man who after passing qualifying examination for medical degree or diploma, gets his name registered with the provincial medical council and thereafter is entitled to engage himself of medicine. The doctors not only relievers suffering of his patients, he also quires and educates the society about the diseases and their preventions.

Doctors are having:-

  1. Highest level of social responsibility.
  2. Personnel integrity.
  3. Professional excellence and
  4. Help in the administration of justice.

Due to over the responsibility on medical practitioner he must have up to date knowledge of medicine and also know his responsibilities about medico legal cases, laws of the state and the country.

MEDICAL LEGAL CASES

When a patient referred by magistrate or investigating officer or brought by a police officer for examination, treatment and certification or the patient himself attend his clinic and the medical practitioner examination, treatment and certification or the patient himself attend his clinic and the medical practitioner examines him/her and if he feels that the cases showed be investigated by police, he should inform to the investigating authority area.

TYPES OF MEDICL LEGAL CASES:-

  • Estimation of age.
  • Injury report
  • Post-mortem examination.
  • In natural sexual offences like rape cases.
  • In unnatural sexual cases offences like sodomy.
  • Examination for potency
  • Examination for mental illness.
  • Examination for drunkenness.
  • Examination for paternity fixation.
  • Examination poisoning cases.
  • Examination and certification for pregnancy delivery.

List of certificates reports, notifications etc issued by doctors for the purpose of various acts/ administrative requirements:-

  • Under the acts relating to the birth, death or disposal of the death.
  • Under the actions Acts and the regulations made there under.
  • Under the factory Acts and the regulations made under.
  • Under the educations Acts.
  • Under the public Health’s Acts and orders make there under.
  • Under the workmen’s compensation acts and persons with disability Act.
  • Under the merchants shipping Act

RIGHTS AND PRIVILEGES OF A REGISTERED MEDICAL PRACTITIONER

  • He has right for appointment in Government, public or legal hospitals.
  • He has the right to practice medicine and to dispense medicines from his clinic or dispensary.
  • He has the right to issue medical certificates or any other certificate requirements by law e.g. medico legal reports.
  • He is entitled to give evidences in court of law as expert witness.
  • He is exempted from serving as a jury at an inquest.
  • He has rights to practice any dangerous or poisonous drugs in the good fath of the patient while treating his patient of his profession and involve actively for functioning such bodies.
  • A physician should participate in professional meetings as a part of continuous medical educations programmers organized by any reputed professional academic body or authorized organizations.

The compliance of which shall be informed regularly to the MCI or State Medical Council as the case may be.

DUTIES OF PHYSICIANS TO THEIR PATIENTS  

A physician is not bound to treat each and every patient asking his services but her should be remain ready. When a call from sick or injured.

PERSON NOT ENTITLED FOR REGISTRATION

  • He who has not recognized qualification.
  • He who has been convicted for a cognizable.
  • He who has been convicted for a cognizable offence in a court of law.
  • He has been guilty by Medical Council of Indian of any infamous conduct in professional sense.

CODES OF MEDICAL ETHICS

Duties and responsibility of physician in general:-

  • Character of physician.
  • A physician shall upload the dignity and honour of the profession.
  • A physician shall have a good moral character; he should be modest, sober, have patience and be prompt in discharging his duty for the sick without self- anxiety.
  • Only qualified registered medical practitioner is allowed to practice modern system of medicine.

MAINTAIN GOOD MEDICAL PRACTICE

  1. A physician should maintain confidence of patient in their care. He should try to improve his professional knowledge and skill and should not associate with any who violates the principle.
  2. He should be a member of concerned societies or associations of allopathic medicines for having knowledge and also he should attend the patient suffering from such a disease which is out of range of his qualification and experience then he may refer the patient to another physician.

The following acts of commission or omission on the part of a physician shall constitute professional misconduct rendering him/her liable for personal disciplinary action.

SOURCE
The Indian Medical Council (Professional conduct, Etiquette and Ethics) regulations, 2002. Violations of the regulations, if he/she commits any violations of the regularities on medical ethics.

  1. If he/she does not maintain the medical records of his/her indoor patients for a period of three years as per regulations 1.3 and refuse to provide the same within 72 hours when the patients or his/her authorized representative make a request for it as per the regulation 1.3.2
  2. If he/she does not display the registration number according to him/her by the State Medical Council or MCI. Prescription and certificates etc issued by him or violates the provision of regulation 1.42
  3. Adultery or Improper conduct
  4. Abuse of professional position by continuing adultery or improper conduct with a patient or by maintaining an improper association with a patient will render a physician liable for disciplinary actions as provided under the Indian Medical Council Act 1956 or the concerned State Medical Council Act.
  5. Conviction by a court of law for offences involving moral disputed Criminal Acts.
  6. Sex Determination Test:- On no account sex determination test shall be undertaken with the intent to life of a female foetus developing in her mother’s womb unless there are other absolute indications for termination of pregnancy Act 1971. Any Act of termination or pregnancy of normal female foetus amounting to female foeticide shall amount to female foeticide regarded as professional. Misconduct on the part of the physician leading to part the physician processing as per the provision of his Act.